New Delhi, Feb 4 (Inditop.com) Lieutenant General (retd) Avadesh Prakash, the former military secretary at army headquarters against whom a court martial has been ordered for an alleged land scam, Thursday questioned the move, saying he had not been given an opportunity to present his side of the case.

Prakash’s counsel Jyoti Singh argued before the Armed Forces Tribunal of Justice (retd) A.K. Mathur and Lt. General (retd) S.S. Dhillon, that the charges against Prakash were made in his absence and, as such, was against the law.

She said testimonies of 14 witnesses in the Sukna land scam were recorded in Prakash’s absence.

Singh also said: “The recommendation was changed from administrative action to disciplinary action. The (army) chief changed his mind.” She argued that Prakash had put in 39 years of service and he had been awarded the PVSM (Param Vishisht Seva Medal)and the AVSM (Ati Vishisht Seva Medal), the top two awards for distinguished service.

Mathur retorted: “All this talk of AVSM and PVSM does not really matter. It does not make Lt. Gen Prakash a holy cow. Army Chief Deepak Kapoor has the right to change his mind and order disciplinary action.”

Prakash was not present at the hearing, which will continue Friday.

Pleading innocence, Prakash moved to the tribunal after a court martial was ordered against him late last month. The order by the army chief came just two days ahead of Prakash’s retirement on January 31. He is the seniormost lieutenant general to face such an action.

The disciplinary action followed Defence Minister A.K. Antony overturning Kapoor’s earlier decision to initiate milder administrative action against Prakash.

An army court of inquiry had indicted Prakash in December 2009 for using his position of authority to pressure the 33 Corps based in Sukna, West Bengal, including its chief Lt Gen P.K. Rath, to facilitate the transfer of the land in question to his family friend.